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Resolution No. 2004 -143
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 6, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Proposal for Services for First -Time Home Buyer
Program Provided by Cabrillo Economic Development
Corporation (CEDC) and Moorpark Advantage Realty and
Resolution Approving a Budget Amendment for First -Time
Home Buyer Services. Staff Recommendation: 1) Approve
Agreement for Professional Services for Moorpark Advantage
Realty, subject to final language approval by Executive
Director and Agency Counsel; and 2) Adopt Resolution No.
2004- . ROLL CALL VOTE REQUIRED (Staff: Nancy Burns)
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
September 15, 2004.
Staff Recommendation: Approve minutes.
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
Redevelopment Agency Agenda
October 6, 2004
Page 2
6. CLOSED SESSION: (continued)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
7. ADJOURNMENT:
Any member of e pUBlic may address the Agency during the Public Comments portion o e
Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers
who wish to address the Agency concerning a Public Hearing or Presentations /Action/
Discussion item must do so during the Public Hearing or Presentations /Action /Discussion
portion of the Agenda for that item. Speaker cards must be received by the City Clerk for
Public Comments prior to the beginning of the Public Comments portion of the meeting and
for Presentation /Action /Discussion items prior to the beginning of the first item of the
Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing
must be received prior to the beginning of the Public Hearing. A limitation of three
minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item
speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open
Public Hearings and Presentation /Action /Discussion items. Copies of each item of business
on the agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City Clerk at (805)
517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to
review an agenda or participate in this meeting, including auxiliary aids or services,
please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can
be made available in appropriate alternative formats to persons with a disability. Any
request for disability- related modification or accommodation should be made at least 48
hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA
Title II).
ITEM 4 . Ala
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of /D -O/s - Ace Al
ACTION:
MOORPARK REDEVELOPMENT AGE""" dv iL0 AV,9
AGENDA REPORT BY'
To: Honorable Agency Board of Directors
From: Nancy Burns, Senior Management Analyst
Date: September 27, 2004 (MRA Meeting October 6, 2004)
Subject: Consider Approving Proposal for
First -Time Home Buyer Program
Cabrillo Economic Development Cor]
and Moorpark Advantage Realty
Resolution Approving a Budget
First -Time Home Buyer Services
BACKGROUND
Services for
Provided by
?oration (CEDC)
and Adopting
Amendment for
At its Regular City Council Meeting of June 16, 2004, the City
Council approved general program guidelines for a Home Buyer
Program for First -Time Home Buyers. At that meeting, the
Council also approved a proposal from Cabrillo Economic
Development Corporation (CEDC) for $34,250 for services to
assist with this program.
DISCUSSION
While the City's First -Time Home Buyer Program is City -wide, the
first seven (7) affordable units available through the program
are in the Redevelopment Project Area. The sales prices that
low income households will pay for the units were established to
be consistent with requirements of Redevelopment Law. The use
of Housing Setaside Funds for services associated with the
First -Time Home Buyer Program is appropriate and consistent with
the purpose of those funds.
The proposal from CEDC for $34,250 provides for assistance with
services such as planning and development of activities related
to outreach, pre- screening of applicants, selection of qualified
000001
Honorable Agency Board of Directors
Date 09/29/04
Page 2
buyers, preparing potential buyers for home ownership, and loan
packaging services.
Agency staff has interviewed licensed real estate agents who can
provide services related to showing qualified buyers the seven
(7) affordable units, explaining buyer responsibilities, and
providing State - required disclosures to buyers. Staff believes
that Moorpark Advantage Realty can fulfill these requirements in
a cost - effective manner at an hourly rate of $125 per hour, not
to exceed $14,000, or $2,000 per house, maximum. (This equates
to approximately 2% per low income house and 1% per very low
income house.) Information about affordability covenants and
the loan documents will be provided to eligible low income
buyers by City staff. The Agency portion of escrow costs for the
three (3) Agency -owned units is expected not to exceed $4,500.
The attached Resolution will amend the FY 2004/2005 budget to
appropriate a total of $52,750 for the purposes described in
this report ($34,250 for various services related to the First
Time Home Buyer Program, $14,000 for real estate services and
$4,500 for escrow costs, all associated with the First Time Home
Buyer Program).
STAFF RECOMMENDATION (Roll Call Vote Required)
1. Approve Agreement for Professional Services for Moorpark
Advantage Realty, subject to final language approval by
Agency Counsel and Executive Director; and
2. Approve MRA Resolution No. 2004-
Attachments: Agreement for Professional Services for Moorpark
Advantage Realty
Resolution No. MRA 2004-
000002
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this day of ,
2004, between the Redevelopment Agency of the City of
Moorpark, a municipal corporation, hereinafter referred to
as "AGENCY ", and John W. Newton & Associates, Inc. DBA
MOORPARK ADVANTAGE REALTY, hereinafter referred to as
"BROKER ".
WITNESSETH:
WHEREAS, AGENCY has the need for professional services
related to the First Time Home Buyer Program; and
WHEREAS, AGENCY desires to contract for such services
with a professional Real Estate BROKER for home sales
transactions for the City of Moorpark First Time Home Buyer
Program in anticipation that said BROKER can provide such
services in a manner acceptable to AGENCY; and
WHEREAS, AGENCY wishes to retain BROKER for the
performance of said services.
NOW, THEREFORE, in consideration of the mutual
covents, benefits and premises herein stated, the parties
hereto agree as follows:
AGENCY does hereby retain BROKER to perform the
services in accordance with the terms and conditions
hereinafter set forth in Exhibit "A ", SCOPE OF SERVICES.
I. COMPENSATION
BROKER shall receive compensation at an hourly rate of
$125.00 per hour with a maximum fee of $14,000.
II. TERMINATION
This agreement may be terminated with or without cause
by either party at any time with no less than 10 days
written notice of such termination to the other party.
In the event of such termination, BROKER shall be
compensated for such services up to the date of
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000003
termination. Such compensation for work in progress
shall be limited to actual services performed.
III. GENERAL CONDITIONS
A. AGENCY shall not be called upon to assume any
liability for the direct payment of any salary,
wage or other compensation to any person employed
by BROKER performing services hereunder for
AGENCY.
B. BROKER is and shall at all times remain as to
AGENCY a wholly independent contractor. Neither
AGENCY nor any of its officers, employees,
servants, or Agents shall have control over the
conduct of BROKER or any of the BROKER'S
officers, employees, or Agents, except as herein
set forth.
C. At the time of termination of this agreement, all
original documents, computer files, notes or
other related materials, whether prepared by
BROKER or his /her officers, employees, or agents,
or obtained in the course of providing the
services to be performed pursuant to this
agreement shall be made available to AGENCY upon
24 hours notice for duplications and retention of
duplicates.
D. BROKER shall hold harmless and indemnify AGENCY
and the City of Moorpark and the officers,
employees, servants, and Agents serving as
independent contractors in the role of AGENCY
Engineer (City Engineer), Building Official,
Building Inspector, AGENCY (City) Administrative
Staff, or AGENCY (City) Attorney from any claim,
demand, damage, liability, loss, cost or expense,
for any damage whatsoever, including but not
limited to death or injury to any person and
injury to any property, resulting from
misconduct, negligent acts, of BROKER or any of
its officers, employees, or agents in the
performance of this agreement, except such damage
as is caused by the negligence of AGENCY or any
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000004
of its officers, employees, servants, agents or
others not under the control of BROKER.
AGENCY shall hold harmless and indemnify BROKER
against any claims arising from AGENCY's
interpretations or enforcement of AGENCY's Deed
Restrictions and other special provisions
pertaining to the resale of the units being sold
under this Agreement.
AGENCY does not, and shall not, waive any rights
that it may possess against BROKER because of the
acceptance by AGENCY, or the deposit with AGENCY,
of any insurance policy or certificate required
pursuant to this agreement. This hold harmless
and indemnification provision shall apply
regardless of whether or not any insurance
policies are determined to be applicable to the
claim, demand, damage, liability, loss, cost or
expense.
BROKER shall secure from a good and responsible
company or companies doing insurance business in
the State of California, pay for, and maintain in
full force and effect for the duration of this
Agreement the policies of insurance required by
this section and shall furnish to the AGENCY
Secretary certificates of said insurance on or
before the commencement of the term of this
Agreement. BROKER shall provide general public
liability insurance including automobile
liability and property damage insurance in an
amount not less than one million dollars
($1,000,000) per occurrence and annual aggregate.
Consistent with this section, BROKER shall
provide workers' compensation insurance as
required by the California Labor Code. If any
class of employees engaged by BROKER in work
under this Agreement is not protected by the
workers' compensation law, BROKER shall provide
adequate insurance for the protection of such
employees to the satisfaction of AGENCY.
3
000005
Notwithstanding any inconsistent statement in any
of said policies or any subsequent endorsement
attached thereto, the protection offered by the
policies shall:
1. Name AGENCY and City and the officers,
employees, servants and agents and independent
contractors serving in the role of AGENCY
Executive Director, City Manager, AGENCY
Assistant Executive Director, Assistant City
Manager, AGENCY Secretary, City Clerk, and
Director of Community Development as additional
insured with BROKER. Confirmation of this
coverage shall be provided on an Insurance
Services Office (ISO) form CG 20 10 11 85, or
other form stipulated in writing by AGENCY
Secretary.
2. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, AGENCY shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation or amendment is
effective. BROKER shall give AGENCY thirty (30)
days written notice prior to the expiration of
such policy.
3. Be written on an occurrence basis.
E. BROKER shall not assign this agreement or any of
the rights, duties, or obligations hereunder. It
is understood and acknowledged by the parties
that BROKER is uniquely qualified to perform the
services provided for in this agreement.
F. Payment to BROKER shall be made by AGENCY within
30 days of receipt of invoice, except for those
which are contested or questioned and returned by
AGENCY, with written explanation within 30 days
of receipt of invoice. BROKER shall provide to
AGENCY a written response to any invoice
contested or questioned and further, upon request
4
0000 06
of AGENCY, provide AGENCY with any and all
documents related to any invoice.
G. Any notice to be given pursuant to this agreement
shall be in writing and all such notices and any
other document to be delivered shall be delivered
by personal service or by deposit in the United
States mail, certified or registered, return
receipt requested, with postage prepaid, and
addressed to the party for whom intended as
follows:
To: MOORPARK REDEVELOPMENT AGENCY
799 Moorpark Avenue
Moorpark, CA 93021
(805) 517 -6212
Att: Steven Kueny, Executive Director
To: Moorpark Advantage Realty
165 High St., Suite 103
P.O. Box 471
Moorpark, CA 93021
(805) 378 -0073
Att: John W. Newton, President
Either party may, from time to time, by written
notice to the other, designate a different
address, which shall be substituted for the one
above specified. Notices, payments and other
documents shall be deemed delivered upon receipt
by personal service or upon deposit in the United
States mail.
H. BROKER acknowledges that, except as expressly set
forth herein, no representations of any kind or
character made to BROKER by City, or by any of
its officers, agents, employees, representatives
or attorneys has been relied upon as an
inducement for the execution of this Agreement.
I. Titles included in this Agreement are for
Reference only and are not part of the terms of
5
00000 7
this Agreement, nor do they in any way modify the
terms of this Agreement.
J. Nothing contained in this agreement shall be
deemed, construed, or represented by AGENCY or
BROKER or by any third person to create the
relationship of principal and agent, or of a
partnership, or of a joint venture, or of any
other association of any kind or nature between
AGENCY and BROKER.
K. This agreement constitutes the entire agreement
of the parties concerning the subject matter
hereof and all prior written agreements or
understandings, oral or written, are hereby
merged herein. This agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
L. Should interpretation of this agreement, or any
portion thereof be necessary, it is deemed that
this agreement was prepared by the parties
jointly and equally, and shall not be interpreted
against either party on the ground that a party
prepared the agreement or caused it to be
prepared.
M. No waiver of any provision of this agreement
shall be deemed, or shall constitute a continuing
or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in
writing by the party making the waiver.
N. Cases involving a dispute between AGENCY and
BROKER may be decided by an arbitrator if both
sides agree in writing to arbitration and on the
arbitrator selected, with costs proportional to
the judgment of the arbitrator.
O. This agreement is made, entered into, executed in
Ventura County, California, and any action filed
for arbitration for the interpretation,
enforcement or other action to herein, shall be
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900008
filed in the applicable court in Ventura County,
California.
P. The captions and headings of the various Articles
and Paragraphs of this agreement are for
convenience and identification only and shall not
be deemed to limit or define the content of the
respective Articles and Paragraphs hereof.
Q. If any portion of this agreement is held to be
invalid, void, or unenforceable, the remaining
provisions will nevertheless continue in full
force without being impaired or invalidated in
any way.
IV. RESPONSIBLE INDIVIDUAL
V.
M
Date
The individual directly responsible for BROKER'S
overall performance of the contract provisions herein
above set forth and to serve as principal liaison
between AGENCY and BROKER shall be John Newton.
The individual directly responsible for the AGENCY
shall be Hugh R. Riley, Assistant Executive Director.
IMPLEMENTATION
AGENCY shall provide BROKER with written notice in
advance of the date at which these services are to be
implemented if different than the date of the
agreement.
REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Steven Kueny
Executive Director
7
MOORPARK ADVANTAGE REALTY
By
John W. Newton
Date
0GO009
"EXHIBIT A"
SCOPE OF SERVICES
Real Estate BROKER
The following list outlines the specific responsibilities of the Moorpark Redevelopment Agency's
Real Estate BROKER, Moorpark Advantage Realty, with regard to services related to the sale of
7 affordable housing units described as follows:
a. Moon Dance Units 11, 12, 14, and 25 with a Sale Price of $158,000
b. Moon Dance Units 1 and 13 with a Sale Price of $98,000
C. TR Partners Lot 8 (Millard St. Project) with a Sale Price of $154,000
TOTAL COMPENSATION NOT TO EXCEED $14,000.
SERVICES TO BE PROVIDED:
1) Agency will forward buyer contact information to BROKER. BROKER will set -up
appointment with buyers for initial walk- through and selection of unit and finish options if
any.
2) Showing the unit will include, but not be limited to the following:
a) Reviewing the homeowner's manual (provided by the Construction Contractor) with
the buyer on a limited basis; (Manual will be thoroughly reviewed by the buyers and
Construction Contractor's Quality Assurance Representative at the final walk
through.)
b) Pointing out miscellaneous items that buyers need to be aware of (i.e. property
grading and drainage, requirement to contact City before modifications to the site
are made, HVAC equipment operation and care, etc.); and
c) Review of the CC & Rs with buyers
3) Establish contact /communication between buyers and contractor's Quality
Control /Assurance Representative.
4) BROKER will ask non - English- speaking buyers to bring an adult of buyer's selection to
interpret for them to any meeting with BROKER, whether for the purpose of inspecting
units, signing documents, or for any other purpose. Broker will have no liability
whatsoever for buyer's understanding /misunderstanding related to such interpretation.
Buyers to sign a full release and indemnification to this effect.
5) Prepare the Purchase and Sales Agreement and Escrow Instructions including
BROKER's addendums. BROKER will obtain the buyer's signatures on the purchase
documents and disclosure statements and collect the escrow deposit check. BROKER
will deliver all documents, disclosure statements, and deposit check to the escrow
company.
900010
6) Establish communication between buyers, escrow officer and purchase financing
representatives (through Agency staff) to ensure effective coordination of the escrow
process.
7) Construction Contractor for the Moondance Project is providing space for a "sales desk',
on -site for Agency /Broker convenience. Broker will endeavor to meet buyers on -site to
conduct the business of these transactions to ensure maximum on -site exposure for
buyer property familiarity purposes.
8) Property familiarity efforts will be similar for the TR Partners Project, with the transaction
of business conducted on -site by Broker, as much as possible.
9) Meet Appraiser at the property, to facilitate property appraisal
BROKER is not responsible for presenting, explaining, interpreting, or answering questions
regarding the program mortgage documents or deed restrictions. All of these questions shall be
referred to Agency staff.
000011
RESOLUTION NO. 2004 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, AMENDING THE
FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING
$52,750 FROM THE HOUSING SETASIDE FUND FOR
FIRST -TIME HOME BUYER PROGRAM SERVICES
WHEREAS, on June 16, 2004, the Moorpark Redevelopment
Agency Board of Directors adopted the Moorpark Redevelopment
Agency budget for Fiscal Year 2004/2005; and
WHEREAS, the Redevelopment Agency of the City of Moorpark
desires to obtain the services of skilled professionals to
assist with the City's First -Time Home Buyer Program, consistent
with the goals of the City of Moorpark's General Plan Housing
Element; and
WHEREAS, Cabrillo Economic Development Corporation (CEDC)
has submitted a proposal for $34,250 to assist in the planning
and development of activities related to outreach, pre- screening
of applicants, selection of qualified buyers, preparing
potential buyers for home ownership, and loan packaging
services; and
WHEREAS, the Agency has need of the services of licensed
real estate agents who will show qualified buyers the seven (7)
affordable units, prepare purchase agreements, and provide
required disclosures to buyers, in furtherance of Agency
objectives to place qualified, eligible low income households in
recently constructed dwelling units within the City of Moorpark
Redevelopment Project Area, which services are estimated to cost
approximately $14,000; and
WHEREAS, the Agency's portion of escrow costs for the sale
transactions of three (3) Agency -owned units is estimated to be
approximately $4,500; and
WHEREAS, the Board of Directors of the Redevelopment Agency
of the City of Moorpark now wishes to amend the adopted budget
by $52,750, to reflect the cost to contract for home buyer
services as stated above, from the Housing Setaside Fund.
000012
Resolution No. 2004 -
Page 2
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the total amount of
$52,750 from the Housing Setaside Fund, for Special Professional
Services, as more particularly described in Exhibit "A ",
attached hereto, is hereby approved.
SECTION 2. The Agency Secretary shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 6th day of October, 2004.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Attachment "A" - Budget Amendment Detail
000013
EXHIBIT A
BUDGET AMENDMENT FOR
MRA HOUSING
2004 -05
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA - Housing
2901 -5500
$ 52,750.00
$ 52,750.00
$ 52,750.00
Total
$ 52,750.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 5025 -9103
$ 52,750.00
$ 52,750.00
$ -
Total
$ -
$ 52,750.00
$ 52,750.00
Approved as to Form: ob
000014
CTTV OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
ACTION:
B'Y . L/7i 'r -- ^a INUTES
Moorpark, California
ITEM 5- A.
OF THE REDEVELOPMENT AGENCY
September 15, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on September 15, 2004, in the Community Center
of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:37 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Hugh Riley,
Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of May
19, 2004.
Consider Approval of Minutes of Special Meeting of May
26, 2004.
Consider Approval of Minutes of Regular Meeting of
June 2, 2004.
Consider Approval of Minutes of Regular Meeting of
June 16, 2004.
Consider Approval of Minutes of Special Meeting of
July 21, 2004.
000016
Minutes of the Redevelopment Agency
Moorpark, California Paae 2 September 15, 2004
Staff Recommendation: Approve minutes.
B. Consider Resolution Adopting Revised Procedures to
Implement the California Environmental Quality Act
(CEQA) and Rescinding Resolution No. 92 -13. Staff
Recommendation: Adopt Resolution No. 2004 -142, and
rescind Resolution No. 92 -13.
5. CLOSED SESSION:
Mr. Kueny requested the Agency recess the meeting and
reconvene into closed session for discussion of Item 5.C.
at the conclusion of the City Council meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 7:38 p.m. The meeting reconvened at 12:29 a.m., September
16, 2004.
CONSENSUS: It was the consensus of the Council, due to the late
hour, to cancel any closed session discussion.
6. ADJOURNMENT:
Chair Hunter adjourned the meeting at 12:29 a.m., September 16,
2004.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
00001.6